Dyno Nobel, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Administration AUG 3 0 3004 Mr. Pat Weber Reference No.: 04-0180 Dyno Nobel, Inc. 2650 Decker Lake Blvd., Suite 300 Salt Lake City, UT 84119 Dear Mr. Weber: This responds to your e-mail requesting clarification of the shipping paper requirements for Class 1 materials under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Your questions are paraphrased and answered as follows: Q1. Does the net explosive mass meet the quantity/unit of measure requirement of 49 CFR 172.202(a)(5)? A1. Yes. The total quantity for a Class 1 material, as required by § 172.202(a)(5), is the net explosive mass. Q2. If the net explosive mass is in addition to the total quantity, does it need to be in the same unit of measure? Example: Detonator assemblies may have a gross mass of 35 pounds, yet the net explosive mass may be only 80 grams. A2. As stated above, the HMR require only the net explosive mass in the shipping description. If you chose to include both the gross mass and the net explosive mass in the shipping description, consistency in the units and standard of measure is preferred for clarity, but not required by the HMR. In a recent letter of interpretation (copy enclosed), we stated that for an explosive that is an article, such as cartridges, small arms, the net mass of the article must be used to satisfy the requirement in § 172.202(a)(5)(i). We have proposed to change 49 CFR 172.202(a)(5) to clarify this. (See Docket HM-215G; 69 FR 34741.) Internationally, there is some concern that, at least for large explosive articles, the net explosive mass should be limited to the explosive component of the article. Until this issue is resolved in your descriptions of explosive articles through a change to the UN Recommendations, you may want to include both quantities 040180 172:202 (a)5)#

Page 2Q3. If there are multiple explosive products in a shipment— a) May an aggregate net explosive mass quantity be placed in one location on the shipping paper to cover all Class 1 entries, or b) May aggregate net explosive mass quantities be placed in respective locations for all "like products" (e.g. all Boosters), or c) Must a net explosive mass quantity be shown for each Class 1 entry on the shipping paper? Example: A shipment might contain both Explosives, blasting, type E, and Boosters, each described by its own proper shipping name. In addition, there might be different Type E explosives or different Boosters shipped with their own identifiers and different package net explosives masses. quantity of the hazardous material covered by that description. A3. The answer is "c". Each shipping description on a shipping paper requires the total I trust this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Attle z mithell for Edward T. Mazzullo Director, Office of Hazardous Materials Standards Enclosure#

Page 3- Corbin, Gigi (DHM12) Cobin From: To: Sent: Mazzullo, Ed Thursday, August 05, 2004 12:04 PN Corbin, Gigi (DHM12) 5172.202(a)5) Subject: Cc: FW: Net Explosive Weight Requirement for Shipping Papers Richard, Bob; Kelley, Shane Shipping Papers Please handle response and coordinate with me and Bob R. 04-0180 Ed -----Original Message-- - - - Explosive Weight Requirement for Shipping Papers Used incorrect address in first try. ----- Forwarded by Pat Weber/DNA/AM/DynoInd on 08/05/2004 08:56 AM Pat Weber edward.mazzullo@rsspa.dot.gov@DynoIndExtAM To: Jones/DNA/AM/DynoInd@DynoInd, Brian Sayer/DNA/AM/DynoInd@DynoInd, 08/05/2004 07:56 Lynne AM robert.lynch@rspa.dot.gov@DynoIndExtAM for Shipping Papers Subject: Net Explosive Weight Requirement Effective October 1, 2004 a requirement goes into effect to place the New Explosive Weight an inspection by Bob Lynch. on shipping papers for Class 1 materials. I asked him whether this was a stand alone provision, This was brought to our attention during regulation is not exactly clear. it took the place of the quantity and unit of measure, He stated that he would look into it and find an answer. since the language in the new Infortunately the time is running short and all organizations that use computer systems to move that quickly and I need an answer very soon. generate shipping papers are under a very tight deadline. Computer reprogramming does not addition, does it need to be in the same unit of Can the new requirement for NEW meet quantity/unit of measure? 2. If the NEW is an The gross case may weight 35 pounds, but the NEW may be 0.18 pounds. We would want to we curently identify in pounds, yet the unit of measure for the NEW might be in grams. identify it as 80 grams to insure accuracy in the field by keeping a counting system as NEW be simple as possible. 3. If there are multiple explosive products in the shipment can the b. placed in a respective location for all "like products" (e.g. all Boosters); or, on the shipping papers once for all products; Example: A shipment might contain both Explosive, blasting type E and Boosters. Each must it be line item per line item? will have a unique line item because they will have different Proper Shipping Names. addition there might be different Type E explosives or different Boosters shipped with their own identifiers and different case NEW's.#

Page 4Bob for bringing it to our attention. I couldn't find anyone in the explosive industry that caught this new provision and I than as identified in the exolanation in the notices and it passed over us in the Federal Register I could not find that i October. I would appreciate a quick answer so that we will be in compliance by the first of#